Terms and Conditions
TERMS & CONDITIONS OF CONTRACT WITH CAPT. PEACOCK YACHTS & EXPEDITIONS, INC.
1. ACCEPTANCE OF THE CONTRACT
Upon purchase of the tour package, the terms and conditions set forth herein become a binding contract between the Purchaser and Capt. Peacock Yachts & Expeditions Inc. (Capt. Peacock). Acceptance of this contract occurs when deposit is received by Capt. Peacock at its office. Purchaser represents by tender of payment that the itinerary has been reviewed and that it meets Purchaser's expectations and request. The contract is to be performed in Rio Negro, Amazonas - Brazil.
a. The Tour Package purchased by the Purchaser from Capt. Peacock consists of the itinerary prepared by Capt. Peacock and the vouchers for pre-paid travel services. The itinerary is the written travel schedule listing scheduled daily activities and travel services purchased. In the event of a difference between information contained in the brochure and that contained in the itinerary, the language of the itinerary shall control. Vouchers are coupons which constitute evidence of prepayment by Purchaser for various travel services. Capt. Peacock is bound by only the terms and conditions contained on the vouchers it delivers to the Purchaser.
b. Confirmation of Travel Arrangements. Travel Arrangements are not confirmed until Capt. Peacock has received the required deposits and Purchaser has received formal confirmation from Capt. Peacock.
c. Hotel/Boat Accommodations. It is anticipated that the hotel accommodations shown in the brochure will be utilized; however, comparably classified accommodations may be substituted at the time the specific itinerary is prepared. Hotel accommodation classification standards used at the location involved do not refer to standards used at any other location.
d. Transfer refers to transportation from one location to another, generally between airport and hotel and, unless otherwise stated on itinerary, refers to a seat in a bus, van, car, or other vehicle. Determination of the appropriateness of vehicle shall be determined by the provider of the service.
3. RESERVATIONS AND PAYMENT
To reserve space on any trip, we require a nonrefundable deposit, the amount of which varies according to the specific tour program. Early reservations are essential to guarantee your accommodations on the date you wish to travel. Reservations made within 60 days of the departure require full payment, plus any additional charges for expenses incurred due to special mailing, fax charges, etc. Final payment is due 60 days prior to departure. If this final installment is not paid when due, Capt. Peacock reserves the right to treat the reservation as canceled. Payment is via check, money order, or bank transfer.
Purchaser is responsible for selecting a trip appropriate to his or her health, physical abilities and interests. The right is reserved to decline to accept or retain a person as a tour member for any reason which affects the operation of the tour or the rights and welfare or enjoyment of the other tour members, and a refund of recoverable land tour services is the limit of Capt. Peacock's liability.
5. PRICE OF TOUR PACKAGE
The Tour Package price includes all the pre-paid travel services represented by the vouchers provided to the Purchaser, together with the charges by Capt. Peacock for its services in preparing the itinerary.
a. All prices are accurate and available at the time of publication, and include charges for planning, operation and servicing the package. Prices do not include air fare unless otherwise stated.
b. Until full payment is received from Purchaser, prices are subject to change, due to fluctuations in tariffs, exchange rates and other factors beyond Capt. Peacock's control. If the group falls below the minimum passenger requirement, the trip is subject to cancellation or re-pricing.
c. Capt. Peacock has no obligation to provide Purchaser with any information concerning the costs utilized in establishing the price of the tour package, either before, during or after the tour is completed.
d. Price does not include charges for passports, visas, inoculations, excess baggage charges, trip cancellation or interruption, accident and baggage insurance, or transportation not included in the itinerary, optional tours, items of a personal nature, items not specifically listed as included and international departure taxes.
6. CANCELLATION POLICY
Trip deposits and balances paid are nonrefundable unless a replacement angler can be found to pay the trip costs. We strongly advise you to purchase trip insurance soon after registering for a trip. In the event that you must cancel your trip due to illness, family crisis or other emergency, this insurance reimburses you for non-refundable trip costs. This insurance also provides for limited accident and baggage coverage. You may purchase trip insurance through your travel agent or obtain forms directly from Capt. Peacock.
a. In the absence of exceptional circumstances, no refunds are given for any unused pre-paid services included in the tour package or any changes made in the itinerary while enroute, including changes in hotel accommodations, excursions, and transportation services. Charges included for services provided by Capt. Peacock are not subject to refund.
b. Any request for refund must be presented in writing within 30 days of your return. Requests for a refund based on a claim of exceptional circumstances, will be considered by Capt. Peacock on a case by case basis. Capt. Peacock, at its sole discretion, will determine whether exceptional circumstances exist and determine the amount of the refund, if any. The decision of Capt. Peacock is final. No refund requests will be considered or made while Purchaser is enroute.
8. CHANGES IN ITINERARY BY CAPT. PEACOCK
Capt. Peacock reserves the right to:
a. Make changes or cancellations in services where such changes are made necessary by circumstances beyond Capt. Peacock's control, including changing carriers and substituting similar hotel accommodations for those designated in the itinerary.
b. Cancel any trip due to inadequate sign-up which makes the trip economically infeasible to operate. In such cases, a full refund of the cancelled trip cost is the limit of Capt. Peacock's liability.
9. WARRANTY DISCLAIMER
No guarantees or warranties express or implied, are made that the tour package will meet all of the traveler's expectations, specifically regarding weather or fishing conditions or productiveness.
10. AIRFARE CONSIDERATIONS
Capt. Peacock cannot be responsible for any part of the fishing package that might be missed because of cancellations or delays of commercial airlines. Capt. Peacock will make reasonable effort to assist the Purchaser in transferring to the fishing destination, but Purchaser is responsible for any additional expenses incurred in making this transfer.
Capt. Peacock its affiliates and all cooperating airlines and agencies act only in the capacity of agents in all matters of transportation and tour operation, and their liability is limited to the terms of the airline tickets and land accommodation contracts. Group organizers, travelers and tour participants, individually and jointly, release Capt. Peacock from any and all liability and responsibility, known or unknown, present or future, for any and all loss, injury to person, damage to property, or accident, or which may be the result of any delay or change of itinerary, or irregularity connected with the tour package purchased, which is beyond its control, including but not limited to, acts of God, transportation problems, fire machinery or equipment malfunction or failure, government actions, wars, civil disturbances, labor disputes, riots, thefts, sickness, or weather, and which includes all expenses or damages, direct or consequential, claimed or sustained by group organizers, tour participants, or travelers, and waive Capt. Peacock based on any claim of negligence by any of the suppliers of services included in the tour package. The passenger tickets shall constitute the sole contract between the airlines and the purchaser of these tickets and/or passenger. All baggage shall be carried at participant's own risk. Purchaser is solely responsible for obtaining necessary travel documents for the areas visited. This release is binding upon group organizers, tour participants, travelers, their representatives, heirs and assigns.
This agreement shall be construed and interpreted according to the laws of the State of Texas and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the Purchaser and Captain Peacock shall include t heirs, successors, assigns, affiliated entities, and personal representatives. The parties further agree that, in event of any litigation arising out of or related to this agreement, the proper jurisdiction and venue for any such litigation shall be Arlington, Texas.
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